Federal Agency Decisions
Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental appeals from the EPA's Environmental Appeals Board, each with a plain-English summary, the standards it cites, and whether it counts as precedent. More agencies are coming.
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In re: Disciplinary Referral
Attorney disciplinary referral terminated
A complainant asked the Commission to investigate whether an attorney made a false statement while withdrawing from a Mine Act discrimination hearing. The attorney had said he hoped his firm would represent the successor mine operator, although the firm was already serving as that company's Nevada…
Spiro Mining, LLC
Reconsideration, recusal, and interlocutory review denied
Spiro Mining asked Judge Alan G. Paez to reconsider an earlier refusal to dismiss MSHA's penalty case, recuse himself for alleged bias, or certify the issues for immediate Commission review. The judge held that Spiro had not supported its interstate-commerce and failure-to-state-a-claim arguments…
Disciplinary Proceeding
Referral inquiry terminated
The Commission reviewed a disciplinary referral sent by Chief Administrative Law Judge David Barbour after allegations raised by Lue A. Wilson. It concluded that, even if the facts Wilson alleged were true, they would not warrant disciplinary proceedings under Commission Procedural Rule 80. The…
In the matter of: Connie Prater
Disbarment ordered after disciplinary default
The Commission referred a disciplinary matter involving Connie Prater to an ALJ after allegations concerning fraudulent respirable-dust samples submitted to MSHA. After her counsel withdrew and she asked to withdraw from the case, the judge found that she had not complied with an order to show…
In the matter of: Connie Prater
Counsel withdrawal granted and show-cause order issued
This disciplinary proceeding concerned Connie Prater’s participation in a matter before the Commission. Her counsel asked to withdraw after reporting that Prater was seriously ill and would not make further appearances. The judge granted the withdrawal, directed that future documents be served…
Daniel Lee Coal Company, Incorporated
Roof-control violation assessed at $9,000
Daniel Lee Coal Company operated the No. 2 Mine, an underground coal mine in Kentucky. The judge found that the company changed from the approved 48-inch resin-grouted roof bolts to 36-inch mechanical bolts without notifying MSHA or obtaining approval. The judge found the violation significant and…
Rushton Mining Company
Rule 11 fees unavailable in Commission proceedings
Rushton Mining sought attorney's fees and litigation expenses from the Secretary of Labor as a sanction under Federal Rule of Civil Procedure 11 after the Secretary withdrew a contested withdrawal order and related penalty petition. The Commission held that Rule 11 monetary sanctions do not apply…
Rushton Mining Company
Rule 11 cost request denied on remand
Rushton Mining sought reimbursement of litigation costs and attorney fees after the Secretary withdrew a civil-penalty petition and the related withdrawal order was vacated. On remand from the Commission, Judge James A. Broderick considered whether Federal Rule of Civil Procedure 11 could support…
What these documents are
- The agencies: Workplace-safety cases from the Occupational Safety and Health Review Commission (OSHRC), mine-safety cases from the Federal Mine Safety and Health Review Commission (FMSHRC), and environmental permit and penalty appeals from the EPA's Environmental Appeals Board (EAB). Each decision page names its agency.
- Commission and Board decisions: Rulings by the agency's highest review level (the Commission at OSHRC and FMSHRC, the Environmental Appeals Board at EPA). These are citable as precedent, though a decision may have been appealed to a U.S. Court of Appeals after issuance.
- ALJ decisions: Rulings by the agency's Administrative Law Judges after a hearing. When no Commissioner directs review, an ALJ decision becomes a final order that binds the parties in that case but is not binding precedent: under 29 U.S.C. § 661(j) at OSHRC, and after the 40-day window of 30 U.S.C. § 823(d)(1) at FMSHRC.
- Why finality matters: Every page here says which kind of decision you are reading, so you know whether it is precedent you can cite or a final order that only shows how one judge ruled on one set of facts.
- Where they come from: Every page links the official public release from the deciding agency, and the full text on the page is that release. The plain-English summaries are written by Ezel.